My bid for a property was accepted at auction in Marsden. Conveyancing is needed. What are my next steps?
Having legally bound yourself to purchase you will need to instruct a conveyancing solicitor as a matter of urgency as you are faced with a pending a drop dead date to complete the conveyancing. All auction property should have an associated auction pack. This will include evidence of title and search results. Where you are dealing with leasehold premises the legal papers should contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation specific to a leasehold property. You must give this to the lawyer working for you ASAP. You also need to ensure that you have funds organised to complete on the date specified in the contract.
We have agreed to purchase a house in Marsden. An unusual aspect is that the roof has a solar panel. Aldermore have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Aldermore your lawyer must check the conveyancing instructions set out in Part two of UK Finance Lenders’ Handbook for Aldermore. The Council of Mortgage Lenders’ Handbook stipulates minimum requirements for solar panel roof-space leases, and property lawyers are required to report to Aldermore where a lease fails to comply with these conditions. The specifications relate to the installation of panels on properties countrywide and is not limited to Marsden.
I have instructed a Marsden property lawyer having made sure that they are on the TSB conveyancing panel. Does my lawyer arrange the survey of the property?
TSB will need an independent valuation of the property. Your lawyer will not arrange this. Usually TSB will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your property lawyer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Marsden postcode. As you are getting a mortgage with TSB, you could contact them to see if they have a list of approved surveyors in Marsden.
I am buying a new build apartment in Marsden. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below is a sample of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Marsden
-
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Forfeiture - bankruptcy or liquidation must not apply under this provision. Please supply evidence that the form of Lease proposed has been approved by the Land Registry.
Due to the guidance of my in-laws I had a survey completed on a property in Marsden prior to retaining lawyers. I have been informed that there is a flying freehold overhang to the property. The surveyor has said that some lenders may not give a mortgage on a flying freehold premises.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Halifax. If you e-mail us we can check via the relevant lender. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Marsden. Conveyancing may be slightly more expensive based on your lender's requirements.
We're new on the property ladder - agreed a price, yet the property agent has warned us that the vendor will only issue a contract if we use the agent's chosen solicitors as they need an ‘expedited deal’. Our preferred option is to instruct a family solicitor accustomed to conveyancing in Marsden
It is unlikely the sellers are behind this. If they require ‘a quick sale', turning down a serious buyer is not the way to achieve this. Speak to the owners direct and make the point that (a)you are keen to buy (b)you are ready to go, with mortgage lined up © you have nothing to sell (d) you intend to proceed fast (e)but you will continue to appoint your own,trusted Marsden conveyancing firm - not the ones that will give the estate agent a referral fee or achieve conveyancing thresholds pre-set by head office.
Helen (my wife) and I may need to let out our Marsden garden flat temporarily due to a new job. We instructed a Marsden conveyancing firm in 2004 but they have since shut and we did not think at the time seek any guidance as to whether the lease allows us to sublet. How do we find out?
Some leases for properties in Marsden do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably withhold but, in such cases, they would need to review references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.
Leasehold Conveyancing in Marsden - Sample of Queries before buying
-
What is the length of the lease? You should want to find out as much as possible concerning the company managing the building as they will impact your use and enjoyment of the property. As the owner of a leasehold property you are frequently at the mercy of the managing agents both financially and when it comes to daily issues like the upkeep of the communal areas. Enquire of other people whether they are happy with them. On a final note, investigate as to the dates that the maintenance fees are due to the managing agents and precisely what it includes. How many of the leaseholders are in arrears for their maintenance charge payments?
Can you set a few of compelling advantages to choosing a local property lawyer in Marsden
Plenty of house movers in Marsden select a nearby high street conveyancer so that they can attend the firm’s offices if they have concerns, and to deliver documents without using the Royal Mail.
One could say that there is a distinct advantage when using a property lawyer local to the house you are buying, due to the in-depth knowledge of the area and possible local issues - yet this is moot. The majority of conveyancers undertaking their work online and may be almost anywhere.